TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Recall and Resentencing
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

Motion Header

MOTION FOR RECALL OF SENTENCE AND RESENTENCING PURSUANT TO CALIFORNIA PENAL CODE § 1172.1

TO THE HONORABLE COURT:

Defendant [________________________________], by and through [his/her/their] attorney [________________________________], respectfully moves this Court for an order recalling the sentence previously imposed and resentencing Defendant pursuant to California Penal Code § 1172.1. This motion is supported by the attached memorandum of points and authorities, the declaration of [________________________________], and such other evidence as may be presented at the hearing on this matter.

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. CDCR Number: [________________________________]

3. Date of Original Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Sentence Imposed: [________________________________]

7. Date of Commitment: [__/__/____]

8. Time Served as of Filing: [________________________________]

9. Current Facility: [________________________________]

Grounds for Recall and Resentencing

Defendant respectfully requests this Court recall the previously imposed sentence and resentence Defendant on the following grounds:

☐ A. Change in Sentencing Law. Applicable sentencing law has changed since the original sentence was imposed, including but not limited to: [________________________________]

☐ B. Post-Conviction Rehabilitation. Defendant has demonstrated significant rehabilitation since sentencing, including: [________________________________]

☐ C. Diminished Physical Condition. Defendant's physical condition has materially changed since sentencing: [________________________________]

☐ D. Changed Circumstances. Circumstances have changed such that continued incarceration is no longer in the interest of justice: [________________________________]

☐ E. Sentencing Error. The original sentence was based on an error of law or fact, specifically: [________________________________]

☐ F. Disproportionate Sentence. The sentence imposed is disproportionate to the offense and the offender's culpability: [________________________________]

☐ G. Cooperation with Authorities. Defendant has provided substantial cooperation with law enforcement since sentencing: [________________________________]

Mitigating Factors

The following mitigating factors support resentencing:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's current age: [________________________________]

☐ Prior criminal history (or lack thereof): [________________________________]

☐ Role in the offense (minimal or secondary): [________________________________]

☐ Childhood trauma, abuse, or neglect: [________________________________]

☐ Mental health conditions at the time of the offense: [________________________________]

☐ Substance abuse issues at the time of the offense (now addressed): [________________________________]

☐ Impact of incarceration on Defendant's dependents: [________________________________]

☐ Other mitigating circumstances: [________________________________]

Rehabilitation Evidence

Defendant has achieved the following during incarceration:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from program instructors or staff (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court impose the following modified sentence:

[________________________________]

Legal Authority

A. Cal. Penal Code § 1172.1 — Authorizes the court to recall a sentence and resentence a defendant at any time upon its own motion or upon recommendation of the secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, the county correctional administrator, the district attorney, or the Attorney General.

B. Cal. Penal Code § 1170(d)(1) — Prior codification of recall and resentencing authority, preserved in part.

C. AB 600 (2023-2024) — Expanded court authority to recall sentences on its own motion due to changes in law; established a presumption favoring recall; mandated procedural steps including appointment of counsel and status conferences within 30 days of receiving a request.

D. Additional Authority:

[________________________________]

Proposed Order

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

Case No.: [________________________________]

ORDER GRANTING MOTION FOR RECALL OF SENTENCE AND RESENTENCING

Having considered the Motion for Recall of Sentence and Resentencing filed by Defendant [________________________________], the opposition (if any), the evidence presented, and good cause appearing:

IT IS HEREBY ORDERED that:

1. The sentence previously imposed on [__/__/____] is RECALLED.
2. Defendant is resentenced as follows: [________________________________]
3. [________________________________]

Dated: [__/__/____]

_________________________________________
Hon. [________________________________]
Judge of the Superior Court

Certificate of Service

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Motion for Recall of Sentence and Resentencing on the following parties by the method indicated:

☐ Personal delivery
☐ United States Mail, first class, postage prepaid
☐ Electronic service via [________________________________]

Office of the District Attorney
[________________________________]
[________________________________]
[________________________________]

California Department of Corrections and Rehabilitation (if applicable)
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________]
Attorney for Defendant

State-Specific Notes

Distinction from Appeal: A motion for recall and resentencing under § 1172.1 is distinct from a direct appeal. The court must advise the defendant of appeal rights after ruling on a referral. Filing a petition under § 1172.6 preserves the right to challenge the conviction on direct appeal if the conviction is not yet final.

Relationship to Post-Conviction Relief: This motion is separate from habeas corpus proceedings. Defendants may also pursue relief under Penal Code § 1170.18 (Proposition 47 resentencing) or § 1172.6 (felony murder resentencing under SB 1437).

Retroactive Sentencing Changes: Courts may recall and resentence at any time if applicable sentencing laws have been changed by new statutory authority or case law. Under In re Estrada, ameliorative changes to criminal statutes are presumed to apply retroactively to nonfinal judgments.

Filing Deadline: For court-initiated recall, the court must act within 120 days of commitment. However, upon recommendation of specified officials or when sentencing laws change, there is no strict filing deadline. AB 600 requires a status conference within 30 days of receiving a request.

Presumption of Recall: Under AB 600, there is a presumption in favor of recall and resentencing when a request is made. The prosecution bears the burden of establishing that resentencing would pose an unreasonable risk to public safety.